CLAIM AGAINST DOCTOR

Evening Star, Issue 19064, 6 October 1925, Page 11

CLAIM AGAINST DOCTOR

THE MOTOR COLLISISH CASE The case in which the King sued Dr James Fitzgerald for £lOl damages, and in which there was a'counter-claim for £lO6 Os 9cl, was continued in the Magistrate’s Court yesterday afternoon, before Mr J. R. Bartholomew, S.M. Mr P. B, Adams appeared for the Crown, and Mr J. B. Callan for defendant. _ The action arose out of a motor collision which occurred in Princes street south on July 27. In the afternoon the Crown case was continued, evidence being given by Constable Rusbatch, James Black, Constable Ward, and George Henry Green. Mr Callan, in opening his case, said that the defence was that Dr Fitzgerald was not going at an unreasonable speed, and that the true cause of the collision was that Craighead had driven across to go up the cemetery hill road. Craighead had gone behind the tramcar, and had not expected to see Dr Fitzgerald when he emerged on the other side, and had lost his head when he discovered him there. Of all the possible chances open to him he had taken the very worst. Dr Fitzgerald had seen Craighead go behind the tramcar, and had expected him to go up the hill when he came out the other side of the tramcar. Ho had moved to give Craighead room, and the only thing for his client to do was to try to get out of his way, hence the swerve.

Dr Fitzgerald gave evidence in sup' port of that statement, and the case was then adjourned till next Monday.